The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is consistent in the investigative agency and the court of original instance that the victim was committed an indecent act by force on the accused.

was stated.

In addition, when one victim's intelligence index is limited to 36 degree, anyone could recognize that the victim is a disabled person.

Nevertheless, the court below, on the grounds that it is difficult to recognize the fact that the defendant had exercised his power over the primary facts charged, recognized the fact that the defendant had obstructed the victim.

For the reasons that it is difficult to see each not guilty, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. The lower court determined that the Defendant committed an indecent act against the victim by force on the primary facts presented by the prosecutor with the evidence alone (in particular, that there was an intentional act on the part of the Defendant) while sufficiently explaining the grounds for the determination thereof, was proved beyond this reasonable doubt.

It is difficult to see that the evidence submitted by the prosecutor alone as to the preliminary facts, and it was proved that the defendant was aware that the victim was aware that the victim was unable to discern things or make decisions due to mental disorder at the time of the instant case.

It is difficult to see

In light of the facts charged and the facts charged, all of the ancillary charges were acquitted.

Examining the evidence duly admitted and examined by the court below in light of the records, the above judgment of the court below is just, and there is no error of misconception of facts as alleged by the public prosecutor in the judgment below which acquitted all the primary facts charged and the ancillary facts charged.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit.